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812.405.Garnishment of earnings to satisfy an order for restitution.

Ch. 812: Garnishment · Last amended 2015 · Last verified July 15, 2026

In one sentenceSection 812.405 keeps a garnishment for court-ordered victim restitution in effect until the judgment is paid in full, overriding the usual rules that limit or extend an ordinary earnings garnishment.

Full Text of Section 812.405

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Notwithstanding ss. 812.35 and 812.40, a garnishment of earnings payable to a debtor who owes victim restitution ordered under s. 973.20 (1r) remains valid and effective until the judgment is satisfied, unless sooner terminated by order of the court.

Plain-English Summary

Most earnings garnishments run for a limited stretch of pay periods, with extensions available only by written stipulation. Section 812.405 carves out a different rule for a garnishment tied to victim restitution ordered under section 973.20 (1r). Notwithstanding the termination rule in section 812.35 and the stipulated-extension rule in section 812.40, that kind of garnishment stays valid and effective until the underlying judgment is satisfied.

The only way it ends sooner is if a court orders it terminated. There is no need for the debtor and creditor to negotiate an extension every 13 weeks, and no automatic expiration date built into the garnishment itself — it continues until the restitution debt is paid or a court says otherwise.

Frequently Asked Questions

Does a garnishment for victim restitution expire after a set number of weeks like an ordinary garnishment?

No. Section 812.405 keeps it valid and effective until the judgment is satisfied, unless a court terminates it sooner.

What kind of restitution triggers this rule?

Victim restitution ordered under section 973.20 (1r).

Can a court still end this garnishment early?

Yes. Section 812.405 allows the garnishment to be terminated sooner by order of the court.

Do the normal garnishment duration and extension rules apply to a restitution garnishment?

No. Section 812.405 applies notwithstanding sections 812.35 and 812.40, the sections that would otherwise govern when an earnings garnishment ends or how it gets extended.

Whose earnings does this section reach?

The earnings payable to a debtor who owes victim restitution ordered under section 973.20 (1r).

Amendment History

History: 2015 a. 355.

Source & verification. Section text and official notes are reproduced verbatim from the Wisconsin Statutes, published by the Wisconsin Legislature (Legislative Reference Bureau). Last verified July 15, 2026. · Official source
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